On a motorcycle trip in California, you can see breathtaking views of Yosemite and Redwoods National Parks, the Pacific Coast Highway, and Napa Valley. The last thing you anticipate is being involved in a road accident. Unfortunately, San Jose out-of-state motorcycle accidents do happen, and can result in serious or even fatal injuries.
If a collision happens to you while you are outside of your state of residence, your first call should be 911. One of your first calls should be to an experienced motorcycle accident attorney. The dedicated lawyers at Solution Now Law Firm could explain your rights after a motorcycle wreck and fight for compensation on your behalf.
Many laws differ between states, making accident cases more complicated when they occur outside one’s state of residence. Motorcyclists involved in accidents in California will need an attorney who can negotiate with insurance companies serving state residents or litigate for a damages award in California Civil Court. Attorneys can only practice law in the jurisdictions where they have been admitted, and a home-state attorney may not be able to represent a client in California.
Be mindful that visitors must follow the laws of the state they travel in. For instance, the California Vehicle Code § 27803 requires all motorcyclists and their passengers to wear U.S. Department of Transportation-approved helmets compliant with Federal Motor Vehicle Safety Standards and manufacturer-certified. Residents from states that do not require helmets should note that failing to wear one in California could make them partly liable for an accident. Check with a San Jose attorney to determine legal options after a motorcycle accident involving an out-of-state resident.
When dealing with insurers, states may have either at-fault or no-fault laws for compensating an injured motorcyclist. At-fault laws assign the responsibility for reimbursement to the insurance company covering the person that caused the accident. No-fault states require motorists and motorcyclists to collect from their own insurance policies. Injured motorcyclists visiting from a no-fault state should not try to navigate California’s at-fault insurance system alone and should enlist a skilled attorney to advocate for them.
Even if a motorcyclist wears a helmet, devastating injuries are common and could require a long recovery and the money to pay for it. Some common injuries in motorcycle accidents include:
Once a motorcyclist is injured, the fight is on to get the at-fault motorist’s insurer to authorize a settlement that could see an injured party through their recovery. In cases where injuries are fatal, surviving family members could pursue a wrongful death claim. A seasoned San Jose attorney could guide injured motorcyclists from out-of-state through this process and build a case on their behalf.
California’s expansive scenery can be enjoyed on a motorcycle. However, if you become involved in a San Jose out-of-state motorcycle accident, you will need an attorney admitted to the state bar to fight for you. California laws are specific when it comes to insurance, accidents, and damages awards.
Our skilled team of lawyers could help visitors navigate the civil court system to recover compensation from a negligent motorist. Call today to set up your free initial consultation.